Beiner v. Nassau Electric Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Nassau Electric Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 16th day of April, 1919, upon the verdict of a jury for $1,500.
1Opinion of the Court
Jenks, P. J.:
The plaintiff was driving the first of a line of three wagons in a city street, when the defendant’s electric street surface *372passenger car overtook and ran down the third wagon. The impact extended to the first wagon so that the plaintiff was thrown from it and injured. The negligence assigned is careless driving. Issue is joined by general denial.
The undisputed proof is that before the motorman saw the wagons he fell senseless on the floor of his car, and the car, then uncontrolled, ran on with accelerated speed. This collapse of the motorman was not attributable directly to any…
2Cases cited11 opinions
- Railroad Co. v. ReevesSupreme Court of the United States · 1870
- Lamb v. Camden & Amboy Railroad & Transportation Co.New York Court of Appeals · 1871
- Michaels v. New York Central RailroadNew York Court of Appeals · 1864
- Merritt v. . EarleNew York Court of Appeals · 1864
- Fenton v. ClarkSupreme Court of Vermont · 1839
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3Cited by4 opinions
- Abish v. CettaAppellate Division of the Supreme Court of the State of New York · 1989
- State v. SuscoAppellate Division of the Supreme Court of the State of New York · 1997
- McGinn v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 1997
- Thomas v. Capital Transit Co.District of Columbia Court of Appeals · 1951